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Join Date: Dec 2008
Location: Monroe, LA
The insurance company needs to make you "whole", or as close as possile to how your bike was before the accident. They will pay a shop to fix her. They may not pay for your labor to fix her, but they might. Should you decide to fix her yourself, I would document the time and cost (miles traveled, etc.) you spend getting parts, the cost of materials (welding supplies, new tank, parts, paint, etc.), and be sure to keep all the receipts. If the insurance company needs the originals, have them first give you copies they have signed noting that they are true copies of the original.
Unless they are really stupid, you should have no problems. If they are, mention you have the option of hiring an attorney to represent you, and he/she may not seek as little as you are asking (emotional trauma, added cost of getting home form accident scene, etc.). If they balk, get one. Don't know the laws in your state (you might want to go to your profile and post your location), but in many states, if you prevail in a lawsuit, the loser (her insurance company) has to pay your attorney fees. Many attorneys offer a free initial consultation. You can ask if they would be willing to represent you for no out-of-pocket expenses on your part. This one looks like a slam dunk.
Be lucky you don't live in Louisiana. Around 25% of the drivers on the road don't have ANY INSURANCE! And those figures are from when the economy was good! Saw in the paper the other day a guy was picked up for his 7th DWI and another was arrested for his fourth while waiting on a court date for his third! Of course, neither of them had a license or insurance.
I'm keepin' all the left over parts. I'm gonna use 'em to build another bike!
1989 VN750 acquired December, 2008, 6,711 miles
Currently 23,298 miles
2001 Honda CMX250 Rebel acquired July, 2008
1987 VN750 project bike, acquired August, 2009, 33,000 miles and balancer sticking out of the case, currently awaiting attention and parts